NB: Confidentiality will be broken if there is a perceived significant risk to life or harm to others or under court subpoena. Psychologists safeguard the confidentiality of information obtained during their provision of psychological services.
Situations in which confidentiality will need to be broken:
There is disclosure or evidence of physical, sexual or serious emotional abuse or neglect. Suicide is threatened or attempted. There is disclosure or evidence of serious self-harm (including drug or alcohol misuse that may be life-threatening).
In certain cases – for example, in order to protect you from serious harm – a mental health professional may have to disclose private information about you to someone else, such as your parents or carer, Family and Community Services, or, in very rare situations, a court, the police or an ambulance worker.
Exceptions to the general rule of confidentiality
A client tells you they have committed a serious crime – Serious crime covers offences such as drug trafficking, serious assaults, sexual assaults, murder and manslaughter. It does not include minor possession offences or any offences under public health legislation.
In short, a confidentiality breach is the disclosure of information to someone without the consent of the person who owns it. In other words, failing to respect a person's privacy or the confidence in which they gave the information or data to you, by passing it onto someone else.
1. You are a danger to yourself and threaten to harm yourself (e.g., suicidal). 2. You threaten to harm another specific person (e.g., assault, kill).
The Privacy Act 1988 (Privacy Act) is the principal piece of Australian legislation protecting the handling of personal information about individuals. This includes the collection, use, storage and disclosure of personal information in the federal public sector and in the private sector.
Most of the mandatory exceptions to confidentiality are well known and understood. They include reporting child, elder and dependent adult abuse, and the so-called "duty to protect." However, there are other, lesserknown exceptions also required by law. Each will be presented in turn.
Murder, manslaughter, rape, treason, kidnapping, child abuse or other cases where individuals have suffered serious harm may all warrant breaching confidentiality.
There are eight MRGs covering physical abuse, neglect, sexual abuse, psychological harm, danger to self and others, relinquishing care, carer concern and unborn child. If you become a registered reporter, you can submit your completed MRGs online.
Professional qualifications of a counsellor
There is no law in Australia that requires a person who provides a counselling service to have either qualifications or experience. This means that people without training or skills can call themselves counsellors or psychotherapists.
A person has been, or is likely to be, involved in a serious crime. A person is likely to harm others. Your safety is placed at risk. A child or vulnerable adult has suffered, or is at risk of suffering, significant harm.
The consequences of a breach of confidentiality include dealing with the ramifications of lawsuits, loss of business relationships, and employee termination. This occurs when a confidentiality agreement, which is used as a legal tool for businesses and private citizens, is ignored.
Psychologists may disclose confidential information with the client's permission or as mandated by law. When talking with colleagues, psychologists should not disclose confidential information that reasonably could lead to the identification of a client, unless they have obtained the prior consent of the person.
A breach of an Australian Privacy Principle is an 'interference with the privacy of an individual' and can lead to regulatory action and penalties.
11 Australian Privacy Principle 11 — security of personal information. 11.1 If an APP entity holds personal information, the entity must take such steps as are reasonable in the circumstances to protect the information: from misuse, interference and loss; and. from unauthorised access, modification or disclosure.
Most Australian states and territories have enacted legislation to protect information privacy. However, Australian law does not expressly protect the right to personal privacy in the broader sense, either through legislation or the common law.
What is an example of a breach of confidentiality? A classic example of a breach of confidentiality is mistakenly sending Client A an email that was meant for Client B. In this instance, you've shared Client B's sensitive information with a third party without their consent.
Confidentiality is an important aspect of counseling. This means that under normal circumstances no one outside the Counseling Center is given any information — even the fact that you have been here — without your expressed written consent.
Sharing something you think is too sensitive or personal can be uncomfortable. But know you're not alone in thinking you've disclosed too much in therapy. When this happens, it can help to explore why you think you've overshared and talk it over with your therapist.